Ram Vinay Sharma And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41629 of 2018 Arising Out of PS.Case No. -321 Year- 2017 Thana -PALIGANJ District- PATNA ======================================================
1. Ram Vinay Sharma, Son of late Dinesh Sharma
2. Lal Mani Devi @ Lal Muni Devi, Wife of Ram Vinay Sharma
3. Saket Bihari @ Saket Bihari Sharma, Son of Sri Ram Vinay Sharma All resident of village- Sohsa, Post Office- Sohsa, Police StationMehandiya, District- Arwal. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar, Advocate. For the informant : Mr. Rajesh Kumar, Advocate. For the Opposite Party/s : Mr. Ahmad Ali, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-07-2018 Heard learned counsel for the petitioners, learned counsel for the informant and the State.
The petitioners apprehend their arrest in Paliganj P.S. Case No. 321 of 2017 instituted for the offence under Sections 363, 366 and 120(B)/34 of the Indian Penal Code.
In the written report it is alleged that accused persons have kidnapped the daughter of informant namely, Sneha Suman. Counsel for the petitioners has submitted that victim girl has given statement under Section 164 Cr. P.C. (Annexure-2) wherein she has stated that she is living in the house of her Jija namely, Vipin Bihari Sharma out of her own free will. She has not been kidnapped by Vipin Bihari Sharma. The petitioners are family members of Vipin
Patna High Court Cr.Misc. No.41629 of 2018 (2) dt.19-07-2018 2/2 Bihari Sharma.
Learned counsel for the informant has appeared and opposed the prayer for anticipatory bail of the petitioners. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Paliganj P.S. Case No. 321 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Danapur, Patna, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.